This petition is filed by the 4th accused under Section 482 Cr.P.C. for quashing proceedings in C.C.No.512 of 2009 on the file of Judicial Magistrate of the First Class, Kamareddy, Nizamabad District relating to offence punishable under Sections 27 (d), 27( c ) and 22(3) of the Drugs and Cosmetics Act.

The Drugs Inspector, Kamareddy filed complaint before the lower court against A-1 to A-4. A-1 is M/s. Sri Mallikarjuna Medical and General Stores, Bibipet village, Domakonda Mandal. A-2 is Managing Partner of A-1. A-3 is Partner of A-1. A-4 is Partner and Registered Pharmacist of A-1. Subject drug in this case is Primolut-N sample. When the sample drug was sent to Government Analyst, Drugs Control laboratory, Hyderabad for analysis, it was found to be of standard quality. Thereupon, control sample of the drug was sent to the Manufacturer who gave report to the effect that the subject drug was spurious in nature as it was not manufactured by them. Therefore, the Drugs Inspector, Kamareddy launched prosecution against A-1 to A-4.

The only point urged by the petitioner's counsel in this petition is that A-4 being a Partner and not Managing Partner of A-1 shop and since A-4 was not even present in the shop when the Drugs Inspector inspected the shop and obtained samples, A-4 cannot be impleaded as one of the accused for prosecution against A-1 firm. He placed reliance on decision of this Court in Thumu Venkateswara Reddy v. State of Andhra Pradesh1 wherein it was held by this Court as follows:

"Having regard to the above reported decisions of the Supreme Court as well as this Court, the field is not left open to the prosecution to contend otherwise. Therefore, I find that the petitioners viz., A-3, A-4 and A-6 who are mere partners of A-1 firm and who have nothing to do with manufacturing process cannot be impleaded in the complaint for punishing them".

In the said reported decision, A-3, A-4 and A-6 were mere partners of A-1 firm and they had nothing to do with manufacturing process of the subject Drug therein. So this Court came to the conclusion that they cannot be impleaded in the complaint for punishing them. But, in the case on hand, A-4 is not only a partner but also a registered Pharmacist of A-1 shop. Without there being a registered pharmacist present in the shop, no medical business can be transacted in that shop. Therefore, A-4 being registered Pharmacist-cum-partner of A-1 firm, A-4 is a person involved in day-to-day medical business of A-1 firm. In that view of the matter, the above reported decision cannot be applied to facts of this case. In case, a partner is also a registered Pharmacist of the firm doing medical business, then such partner is invariably liable to be prosecuted along with the firm and Managing Partner and other partners who are responsible for day-to-day running of business therein.

The Hon’ble Sri Justice B.Chandra Kumar Appeal Suit No.144 of 2012 Dated 9th August, 2012Judgment: The appellant filed this appeal challenging Order, dated27-01-2012, passed by the learned Senior Civil Judge, Darsi, in CFR.No.90 of 2012, refusing to register the suit filed by him on the ground that the same is barred by limitation . The plaintiff filed the suit for specific performance basing on agreement of sale, dated 13-11-2008. As per the terms and conditions of the agreement of sale, the balance amount of Rs.4 lakhs out of the total sale price of Rs.9 lakhs was to be paid within two months from the date of expiry of the limitation of the said agreement of sale. The case of the appellant is that though he had been requesting the respondent to receive the balance sale consideration and register the sale deed in his favour, the respondent did not come forward; that therefore, he got issued a legal notice to the respondent on12-10-2011; that the respondent acknowled…

Or.18, rule 17 and sec.151 C.P.C - petition filed for reopen and examination of the executant of Ex.A1 the sale deed to fill up the lacuna in evidence pointed out at the time of arguments not maintainable =in VadirajNaggappa Vernekar (deceased by L.Rs) v. Sharad Chand Prabhakar Gogate (supra), it is held as follows: "17. It is now well settled that the power to recall any witness underOrder 18 Rule 17 CPC can be exercised by the Court either on its own motion oron an application filed by any of the parties to the suit, but as indicatedhereinabove, such power is to be invoked not to fill up the lacunae in theevidence of the witness which has already been recorded but to clear anyambiguity that may have arisen during the course of his examination. Of course,if the evidence on re-examination of a witness has a bearing on the ultimatedecision of the suit, it is always within the discretion of the Trial Court topermit recall of such a witness for re-examination-in-chief with permis…

The 1st respondent herein filed O.S.No.101 of 2011 in the Court of III
Additional District Judge, Tirupati against the appellants and respondents 2 to
5 herein, for the relief of perpetual injunction in respect of the suit schedule
property, a hotel at Srikalahasti, Chittoor District. He pleaded that the land
on which the hotel was constructed was owned by the appellants and respondents 2
and 3, and his wife by name Saroja, and all of them gave the property on lease
to M/s. Swarna Restaurant Private Limited, 4th respondent herein, under a
document …